1. How to get Tribal Permitting Authority
Options and procedures

2. Possible Programs Nonattainment New Source Review
Prevention of Significant Deterioration
Minor New Source Review

3. Options for assuming permitting authority
Tribal Implementation Plan (TIP)
Get TAS certification
Develop, write, adopt own regulations
Submit to EPA for approval
Implement the plan
Administrative Delegation – assist EPA to run program
Implement all or part of federal regulations
Submit Request to EPA for approval
Currently not allowed for PSD

4. Implementation Plans Code must meet Federal minimum
can incorporate by reference
Tribe needs certification to be treated as a State
Tribe must show technical capability
Implementation Plan Approval process
Provide copies of permits to EPA

5. Treatment as a State Recognized tribe
“Substantial governmental duties & powers”
Jurisdiction over a defined area
Only once for each tribe

6. Technical Capability Differences
For Treatment as a State certification-
show reasonable expectation of having the capability
For authorization for a specific regulation
Must show current actual capability

7. Delegation Implements Federal rule Can be a piece of federal rule
Name the tribal land,
no need to provide geographic specifics
Show capability to do the activity
Provide draft permits to EPA
Provides experience which may lead to a TIP

8. PSD Federal rule is 40 C.F.R. 52.21 No delegation allowed at this time
Tribe may develop and implement their own regulations

9. Nonattainment NSR
Currently can adopt own regulations & be treated as a state.
When Tribal NSR rules are promulgated will
be able to accept delegation
Can accept delegation of all or part of the program
Be able to develop and implement a simplified TIP

10. Minor NSR Similar to Nonattainment NSR
Currently can only accept authorization through a TIP
Eventually able to accept through a delegation AND have simplified requirements for TIP.

11. Summary Now TIP like a SIP for all programs
Later for Nonattainment and Minor NSR
accept authorization by delegation
adopt simplified regulations if wish to write a TIP

12. For more information
Nancy Mayer